1. Field of the Invention
The present invention relates to the field of jewelry and more particularly to precious stones such as diamonds. The present invention focuses on the area ofjewelry which is involved with setting precious stones such as diamonds into a mounting.
2. Description of the Prior Art
In general, the techniques for setting diamonds and other precious stones have been known for many centuries. The following ten (10) patents are relevant to the present invention:    1. U.S. Pat. No. 677,075 issued to R. Fuchs on Jun. 25, 1901 for “Cluster Setting” (hereinafter the “Fuchs patent”);    2. U.S. Pat. No. 736,022 issued to F. W. Rhode on Aug. 11, 1903 for “Cluster Setting for Rings, Brooches, or the Like” (hereinafter the “Rhode patent”);    3. U.S. Pat. No. 1,818,324 issued to S. A. Hamin on Aug. 11, 1931 for “Means and Method for Mounting Stones and the Like” (hereinafter the “'324 Hamin patent”);    4. U.S. Pat. No. 2,058,978 issued to S. A. Hamin on Sep. 14, 1935 for “Jewel Mounting” (hereinafter the “'978 Hamin patent”);    5. U.S. Pat. No. 2,774,231 issued to H. Peterson on Dec. 28, 1953 for “Mounting Having a Large Central Gem Overlying Adjacent Small Gems” (hereinafter the “Peterson patent”);    6. U.S. Pat. No. 5,009,660 issued to Dostourian on Mar. 31, 1992 for 9 “Mounting for Gem Stones” (hereinafter the “Dostourian patent”);    7. U.S. Pat. No. Des. 409,518 issued to Nelson Chi Kai Ho on May 11, 1999 for “Diamond Article of Jewelry” (hereinafter the “Ho patent”);    8. U.S. Pat. No. D480,659 S issued to Werner Pachauer on Oct. 14, 2003 for “The Ornamental Design for Overlap Setting” (hereinafter the “Pachauer patent”);    9. U.S. Pat. No. D485,509 S issued to Simon Shagalov on Jan. 20, 2004 for “Jewelry Precious Stone Arrangement” (hereinafter the “'509 Shagalov patent”);    10. U.S. Pat. No. D498,699 S issued to Simon Shagalov on Nov. 23, 2004 for “Precious Stone Arrangement” (hereinafter the “'699 Shagalov patent”).
The Fuchs patent which issued in 1901 has as its concept the use of a sheet metal ring with annular series of extending prongs which support the stones. The sheet metal ring is shown in FIG. 4.
The Rohde patent which issued in 1903 discloses a cluster setting.
The '324 Hamin patent has a base member 11 is secured to a shank of the ring and the base comprises a shell having an upstanding wall 12 which is struck or serrated so as to generally conform to the outer edges of the series of encircling stones. The central stone member illustrated in FIG. 3 is provided with an upstanding wall 21 having a plain or pointed top from which extends an inwardly directed shoulder 22 and a depending inwardly inclined wall or flange 23.
The '978 Hamin patent which issued in 1936 has a jewelry mounting as best illustrated in FIG. 3 where one stone is mounted above another.
The Peterson patent is a mounting having a large central gem overlying adjacent small gems. In this case as you can see, the smaller gems are supported by prongs and then the large overlying gems partially cover those smaller gems.
The Dostourian patent is a mounting for gem stones which basically shows a plurality of large round diamonds and small round diamonds with the pavilion portion of the large round diamonds bearing directly upon and overlying, at least a portion, of the crown of the smaller round diamonds such that individual metallic prongs for the diamonds are eliminated.
The Ho patent is a design patent which protects the shape of the object wherein there are a multiplicity of smaller stones with a large stone covering a portion of the smaller stones.
The Pachauer patent is also a design patent that protects the shape of the jewelry design. The design is that of an overlapping setting which shows a center stones surrounded by six stones, one above, one below and two on each side.
The '509 Shagolov patent is a jewelry arrangement of precious stones which is also a design patent. This design arrangement has the center stone above the other stones.
The '699 Shagalov patent is a design patent that protects the concept of overlaying stones wherein the center stone is supported by four stones on the outside and there are four lower stones which the center stone covers.